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Full Text of HB5792
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HB5792 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5792
Introduced 5/26/2026, by Rep. Sonya M. Harper
SYNOPSIS AS INTRODUCED:
65 ILCS 5/11-42-1.5 new
Amends the Illinois Municipal Code. Provides that the corporate
authorities of a municipality may impose a tax upon all persons engaged in
the business of acting as a resale facilitator within the municipality.
Provides that the tax may not be imposed on (i) the original sale of a
ticket or license by the owner, operator, or manager of an amusement,
either directly or through a third party; (ii) the resale of a ticket or
license to a ticket broker registered with the Office of the Secretary of
State under the Ticket Sale and Resale Act; or (iii) the resale of a ticket
or license by a ticket broker to another ticket broker registered with the
Office of the Secretary of State under the Ticket Sale and Resale Act.
LRB104 22017 TRT 38067 b
A BILL FOR
HB5792
LRB104 22017 TRT 38067 b
1
AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5.
The Illinois Municipal Code is amended by
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adding Section 11-42-1.5 as follows:
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(65 ILCS 5/11-42-1.5 new)
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Sec. 11-42-1.5.
Ticket and license resale.
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(a) As used in this Section:
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"Amusement" means:
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(1) any exhibition, performance, presentation, or show
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for entertainment purposes, including, but not limited to,
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any theatrical, dramatic, musical, or spectacular
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performance, promotional show, motion picture show, flower
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show, athletic contest, sport, game, or similar
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exhibition, such as boxing, wrestling, skating, dancing,
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swimming, racing, or exhibitions involving persons riding
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on animals or vehicles, baseball, basketball, softball,
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football, tennis, golf, hockey, track and field games,
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bowling, or billiard or pool games; and
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(2) any paid television programming, whether
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transmitted by wire, cable, fiber optics, laser,
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microwave, radio, satellite, or similar means.
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"Amusement" does not include lawful gambling at a casino,
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as that term is defined in the Illinois Gambling Act.
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"License" means a ticket or other license granting the
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privilege to enter, to witness, to view, or to participate in
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an amusement, or the opportunity to obtain the privilege to
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enter, to witness, to view, or to participate in an amusement,
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and includes, but is not limited to, a permanent seat license.
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"Resale" means the resale of a ticket or other license to
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an amusement to an independent and unrelated third party after
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the ticket or license has been sold by the owner, manager, or
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operator of the amusement or the owner, manager, or operator
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of the place where the amusement is being held.
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"Resale facilitator" means a person engaged in the
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business of reselling a ticket or other license to an
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amusement for consideration on behalf of the owner of the
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ticket, assisting the owner in resale of the owner's ticket or
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other license, whether the ticket is resold by bidding,
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consignment, or otherwise, and whether the ticket is resold in
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person, at a site on the Internet, or by other means. "Resale
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facilitator" includes, but is not limited to, an auctioneer, a
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ticket broker, a seller of tickets or other licenses for
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amusements, or an internet auction listing service. "Resale
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facilitator" does not include a person who advertises the
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availability of a ticket or other license for resale without
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participating in the resale transaction.
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"Selling price" means the total consideration received
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from the consumer and collected by the resale facilitator for
HB5792
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the purchase of a ticket or license, including any service
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fees or other charges. "Selling price" includes any local
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amusement tax on the original sale of the ticket or license
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that is included in the consideration received, but excludes
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any federal, State, or local taxes imposed on such resale and
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any separately stated and optional charges for services or
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property.
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"Ticket" means property that confers the privilege to
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enter, witness, view, or participate in an amusement, whether
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or not expressed in a tangible form.
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(b) The corporate authorities of a municipality may impose
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a tax upon all persons engaged in the business of acting as a
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resale facilitator within the municipality. The tax may be
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imposed, in one percent increments, at a rate not to exceed
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5.0% of the selling price of all tickets or other licenses
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resold by or through the resale facilitator for amusements
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taking place within the municipality.
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(c) The tax may not be imposed under this Section on:
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(1) the original sale of a ticket or license by the
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owner, operator, or manager of an amusement, either
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directly or through a third party;
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(2) the resale of a ticket or license to a ticket
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broker registered with the Office of the Secretary of
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State under Section 1.5 of the Ticket Sale and Resale Act;
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or
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(3) the resale of a ticket or license by a ticket
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broker to another ticket broker registered with the Office
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of the Secretary of State under Section 1.5 of the Ticket
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Sale and Resale Act.
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(d) Persons subject to the tax imposed under this Section
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may reimburse themselves by separately stating the tax as an
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additional charge, which charge may be stated in combination,
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in a single amount, with other taxes.
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